A provision in Pennsylvania's HB2765 fundamentally changes liability rules for operators of off-road vehicle riding areas—and most property owners don't realize it applies to them.
Most Pennsylvania property owners who lease land for off-road vehicle use, or who operate riding areas themselves, don't realize they've gained significant legal protection under a provision buried in HB2765. The bill, which addresses civil actions and comparative negligence generally, includes a section that grants broad statutory immunity to off-road vehicle area operators—shielding them from injury, death, and property damage lawsuits arising from inherent risks of the activity.
The immunity applies explicitly to private for-profit companies, not-for-profit entities, associations, property owners, lessors and lessees, and their officers and employees. If you own or manage property where off-road vehicles are ridden—whether you operate the area directly or lease it to others—this provision likely affects your liability exposure.
Pennsylvania law previously imposed a weaker "no duty" standard on off-road vehicle area operators. HB2765 replaces that with full statutory immunity. This is a material shift. Under the new standard codified in Section 1 of the bill (amending §7102(b.3)(1.1)), operators are now broadly protected from civil claims when injuries or property damage result from inherent risks of off-road vehicle use.
The immunity is sweeping. It covers not just the operator or property owner, but also officers and employees. It applies to for-profit and not-for-profit entities alike. And it protects against claims for personal injury, death, and property damage—the three categories of loss most commonly litigated in recreational activity cases.
The statute doesn't define "inherent risks" with surgical precision, which means interpretation will develop through case law over time. Generally, inherent risks in off-road vehicle use would include falls, collisions, equipment failure, and terrain hazards that are characteristic of the activity itself—as opposed to negligent maintenance, failure to warn, or operator misconduct.
The immunity does not eliminate all liability. Operators can still be held responsible for gross negligence, willful misconduct, or violations of specific statutory duties. But the bar is significantly higher than ordinary negligence.
The provision becomes effective 60 days after HB2765 is enacted (per Section 2, Page 5 of the bill). Property owners and operators should verify the exact effective date once the bill is signed into law, but the 60-day window is the statutory trigger.
If you own property used for off-road vehicle riding, or if you lease such property to operators, this provision materially reduces your litigation risk for participant injuries. It may also affect your insurance needs and premiums—carriers may adjust coverage or rates based on the new statutory immunity.
You should review any existing lease agreements, liability waivers, and insurance policies in light of this change. While the statute provides immunity, clear written agreements and appropriate signage remain best practices.
This explainer is based on HB2765, Section 1 (amending §7102(b.3)(1.1)), Pages 1–2, and Section 2, Page 5. For business-specific guidance on how this provision affects your property or operations, consult a Pennsylvania real estate or liability attorney.